Summary of Basics of EU Environmental Law

Basics of the EU Environmental Law

Environmental Policy of EU

  • Overview:
    • Course given by JUDr. Vojtěch Vomáčka, Ph.D., LL.M. in Spring 2025.
    • Covers the history, development, aims, and instruments of the EU environmental policy.
    • Discusses the role of Environmental Action Plans.

Key Events and Conferences

  • Annual Conference on European Environmental Law 2025:
    • Scheduled for March 13-14, 2025, in Trier & Online.
  • Workshop for judges and prosecutors:
    • March 19-21, 2025, location unspecified (Coдия).
    • Focuses on introducing EU environmental law.
  • Seminars for judges and prosecutors:
    • April 9-11, 2025, in Omšenie.
    • Focuses on EU environmental law and impact assessment.
    • May 7-9, 2025, in Florence.
    • Topic: Access to Justice and Impact Assessment Requirements.
  • Summer Course on European Environmental Law:
    • June 30 - July 4, 2025, in Trier & Online.

Article 191 (ex Article 174 TEC)

  • Objectives of Union Environmental Policy:
    • Preserving, protecting, and improving environmental quality.
    • Protecting human health.
    • Prudent and rational use of natural resources.
    • Promoting international measures to address environmental problems, especially combating climate change.
  • Principles:
    • High level of protection, considering regional diversity.
    • Based on the precautionary principle.
    • Preventive action should be taken.
    • Environmental damage rectified at the source.
    • The polluter should pay.

Course Structure

  • Topics Covered:
    1. EU environmental policy: history, aims, and instruments; the role of environmental action plans.
    2. Sources of EU environmental law, the system of environmental regulation, and its relation to other EU policies.
    3. Harmonization of environmental requirements; the role of national courts and the CJEU; case law and guidance.
    4. Access to environmental information, public participation, and access to justice (Aarhus Convention pillars).
    5. Environmental impact assessment.
    6. Global climate change in EU environmental policy.
    7. Air protection.
    8. Nature protection (Natura 2000).
    9. Biodiversity protection and regulation of trade in endangered species.
    10. Inland waters protection.
    11. Waste management.
    12. Feedback and test.
  • Requirements:
    1. Presentation.
    2. Written test (closed book, 10 multiple-choice questions).
    3. Participation in lessons.
      Reading assignments and cases will be specified throughout the course.

Key Characteristics of EU Environmental Law

  • Why the EU protects the environment.
  • Difference between EU environmental policy and law.
  • Main characteristics of EU environmental law.
  • EU's role in global environmental protection.

Rationale for EU Environmental Protection

  • Policy Framework: legislation, specific legislation, binding plans, and programmes.
  • Administrative and judicial decisions, direct action.
  • The EU protects the environment through a multi-faceted approach involving policy, legislation, and direct interventions.

Energy Consumption Charts

  • Chart - Energy consumption of electrical appliancesChart illustrates changes in energy and electricity consumption, and numbers of appliances relative to a baseline of 100% in 1990.
    • Includes data on:
      • Energy consumption of electrical appliances per dwelling (except lighting).
      • Electricity consumption of lighting per dwelling.
      • Number of TVs, refrigerators, and washing machines.
      • Specific consumption of TVs, refrigerators, and washing machines.
  • Chart - Cooling energy consumption
    • Total consumption of energy by households for space cooling.
    • Consumption of energy by households for space cooling per square metre (per air-conditioned floor area).
  • Shares - Final energy consumption of electricity by sector
    • Fishing, agriculture, forestry, and non-specified.
    • Households.
    • Industry.
    • Services.
    • Transport.

Natura 2000 and Deforestation in Western Carpathians

  • Map of Special Protected Areas (green) with high rate of deforestation (pink) in Western Carpathians (Central Slovakia) form 2001-2014.
  • The increasingly rare wood grouse is being driven out of Slovakia's forests.
  • Foresters plant too many spruces – habitat of western capercaillie.

Article 6 of Habitats Directive

  • Conservation Measures:
    • Establish necessary conservation measures for special areas of conservation, including management plans and statutory/administrative/contractual measures.
  • Deterioration Avoidance:
    • Take appropriate steps to avoid deterioration of natural habitats and disturbance of species in these areas.
  • Impact Assessment:
    • Any plan/project likely to have a significant effect on a special area of conservation requires appropriate assessment.
    • Approval is contingent on ascertaining that it will not adversely affect the integrity of the site.
  • Overriding Public Interest:
    • If a project must be carried out despite a negative assessment due to overriding public interest, compensatory measures must be taken to protect the overall coherence of Natura 2000.
    • For priority habitats/species, justifications are limited to human health/public safety, beneficial consequences for the environment, or other overriding public interests with Commission opinion.

What is the European Union?

  • A set of principles and rules that regulate relationships among EU member states.
  • Derives from:
    • International treaties: Founding treaties + following treaties and amendments (primary law).
    • Legal acts of EU institutions (secondary law).

Development of EU Environmental Legislation

  • Over the last 50 years.
  • Initially, environmental policy was not regulated at the EU level.
  • Awareness grew due to:
    • Intensive economic growth.
    • Rapid industrialization.
    • Increasing energy consumption.

Historical Phases of EU Environmental Policy

  • Phase 1: 1958 - 1972
    • EEC Treaty paid no specific attention to environmental policy
    • Focused on minor measures related to the common market (dangerous chemicals, motor vehicles, detergents).
  • Phase 2: 1972 - 1987
    • 1972 European Council Summit decided environmental policy was necessary.
    • The basis of environmental policy was established in the First Environmental Action Programme (1973).
    • Established basic goals and principles of environmental law.
    • The main goal was the efficient operation of the Community and the Common Market – but extensive interpretation of economic expansion.
  • Phase 3: 1987 - 2008
    • 1987 Single European Act: Independent title of the environment was accepted.
    • 1993 Treaty on the European Union (Maastricht): Protection of the environment became part of the internal common policy.
    • 1997 Treaty of Amsterdam: Environmental protection integrated into Community policies for sustainable development.
  • Phase 4: Lisbon and further
    • 2009: Treaty of Lisbon merged TUE + TFUE into a single treaty.

Timeline of Environmental Milestones

*1970: US Environmental Protection Agency established.
*1971: Greenpeace founded.
*1972:
* UN Conference on the Human Environment (Stockholm).
* The Club of Rome publishes The Limits to Growth.
*1973: Denmark, Ireland, and the United Kingdom join the European Community.
*1974: Scientists suggest CFCs may be thinning the ozone layer.
*1975: Community starts building environmental legislation (Waste Framework Directive, Bathing Water Directive, Birds Directive).
*1976: Seveso disaster leads to Seveso Directive in 1982.
*1978: Amoco Cadiz oil spill.
*1979:
* Three Mile Island nuclear plant accident.
* First World Climate Conference (Geneva).
*1981: European Commission creates its Environment Directorate-General.
*1985: First observation of an ozone hole over Antarctica.
*1986: Chernobyl disaster.
*1987: Brundtland Commission defines sustainable development.

Role of the Court of Justice

Analysis of Case C-302/86 (Danish bottles), which involved a Danish order requiring returnable containers for beer and soft drinks.

  • The Court determined that environmental protection can justify limitations on the free movement of goods, balancing environmental objectives with trade principles.*
  • Consideration of Articles 35 and 36 of the Treaty on the Functioning of the European Union (TFEU) regarding restrictions on exports and imports.*
    Environmental protection is recognized as an essential objective, allowing for certain limitations on the free movement of goods, provided the measures are proportionate and non-discriminatory.

Treaty Evolution

  • Evolution of environmental protection within EU treaties, showing the transition from harmonization (internal market) to objectives of the Community.
  • Harmonization (internal market) as legal basis. Art 100 -> Art 100a -> art 95 -> art 114 TFEU
  • Objectives of the Community: Objectives, Principles, Grounds, Int. coop. è Art. 130r -> art 130r -> art 174 -> art 191
  • Legal basis and procedure Art 130s à 130s à art 175 à art 192
  • Minimum stringency art 130t à art 130 t -> art 176 -> art 193

European Commission - Directorate-General for Environment

  • Overview of the role and function of the Directorate-General for Environment within the European Commission.
  • Responsibility for EU environmental policy, aiming to protect and improve the environment for current and future generations.
  • Commissioner for Environment: Karmenu Vella, Commissioner for Environment, Maritime Affairs and Fisheries
  • Director-General for Environment: Daniel Calleja Crespo.
  • The DG Environment is structured into six directorates, each divided into thematic units, and shares a resources directorate with DG Climate Action.

New European Commission (2019-2024)

  • Political groups and key figures responsible for environmental and related policies.
  • European Green Deal led by Frans Timmermans.

Secondary Law

  • Around 2000 pieces of legislation.
  • Highest number of infringements, petitions, citizen initiatives.
  • 80 % of national law.
  • Addressee – both EU and member states.
  • Not a comprehensive system – specific EU law.
  • Regulation x Directive.
  • EU administration.

System and Structure of EU Environmental Law

  • Sectoral legislation:
    • Air pollution.
    • Water pollution and quality.
    • Waste.
    • Chemicals.
    • Nature and Biodiversity.
    • Land and soil protection.
    • Marine and Coast.
    • Noise.
  • Horizontal legislation:
    • General environmental management issues.
    • Environmental impact assessment.
    • Public access to environmental information.
    • Environmental liability.
    • Integrated pollution prevention and control.
    • Reports on implementation.

Environmental Action Programmes (EAPs)

  • Political declarations that define the framework of EU environmental policy.
  • Establish challenges and priorities for specific periods.
  • The First Action Programme (1973 - 1977)
    • need for a comprehensive assessment of the impacts of other policies
    • ideas behind sustainable development
    • Limited success, critical evaluation, economic recession (75 - 78, 81 - 83)
  • The Second Action Programme (1977 - 1981)
    • priority of the protection of water, air and noise
    • rational use of land, environment and natural resources
    • Principles introduced, a number of framework directives adopted (water and waste).
  • The Third Action Programme (1982 - 1986)
    • Change in emphasis from pollution control to pollution prevention.
    • Land use planning (a tradition of strategic environmental planning from the Netherlands).
    • Integration of environment into other EC policies
  • Emissions control policy (Germany).
  • The Fourth Action Programme (1987 - 1992)
    • Emphasizes the analysis of benefits and cost, the polluter pays principle, responsibility in the environmental field
  • The Fifth Action Programme (1993 - 2000)
    • Sustainable development, sectoral approach
    • Pubic participation
    • Medium and long-term objectives
  • The Sixth Action Programme (2001 - 2010):
    • Climate change as an outstanding challenge
    • Protecting, conserving, restoring and developing the functioning of natural systems, natural habitats, wild flora and fauna
    • Contributing to a high level of quality of life and social well being for citizens
    • Better resource efficiency and resource and waste management
    • More stringent objectives
    • Critical review in 2007.
  • The Seventh Action Programme (2013 - 2020):
    • "Living well, within the limits of our planet„
    • No specific objectives (levels of pollution)
    • Towards a resource-efficient, low-carbon economy

EU Environmental Policy & EU budget:

  • Linked to the EU budget: Green funding, private investors.
  • Europe 2020 - the EU's growth strategy.
  • 2015 Action Plan on circular economy to become a smart, sustainable and inclusive economy.
  • Three thematic priority objectives:
    • Protecting nature and strengthening ecological resilience.
    • Boosting sustainable, resource-efficient, low-carbon growth.
    • Effectively addressing environment-related threats to health.

Criticism of Environmental Action Programmes

Vagueness and lack of concrete targets in later action programs (example: air quality). Omission of specific measures on nuclear safety and individual sector activities in later EAPs.

The European Green Deal

  • The EU will be climate neutral in 2050.
  • The Commission will propose a European Climate Law turning the political commitment into a legal obligation and a trigger for investment.
  • Reaching this target will require action by all sectors of our economy

Key Actions Under the European Green Deal

  • Clean, Reliable and Affordable energy.
  • Financing the Transition.
  • Leave no one behind (Just Transition).

Commission Work Program for 2023

  • European Climate Law
  • Climate Pact.
  • Climate law.
  • Carbon Border Tax.
  • ETS extension.